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'Days over' for lengthy hearings @ Labour Tribunal- Jamal S. Smith

- New Chairman promises to clear case backlog by December 2020
Attorney-at-Law and new Chairman of the Virgin Islands' Labour Arbitration Tribunal, Jamal S. Smith has promised a complete reform of the tribunal under his stewardship. Photo: VINO/File
Jamal S. Smith said Minister for Natural Resources, Labour and Immigration, Hon Vincent O. Wheatley has requested that lengthy case hearings be be brought to an end. Photo: VINO/File
Jamal S. Smith said Minister for Natural Resources, Labour and Immigration, Hon Vincent O. Wheatley has requested that lengthy case hearings be be brought to an end. Photo: VINO/File
BAUGHERS BAY, Tortola, VI - Attorney-at-Law and new Chairman of the Virgin Islands' Labour Arbitration Tribunal, Mr Jamal S. Smith has promised a complete reform of the tribunal under his stewardship.

"One of the things I've found as I took the helm, is that after 10 years we didn't have a process. There's a lot that has been done but there hasn't been a published set of rules to govern how the tribunal will administer," he said on the Monday August 18, 2020, edition of the Umoja show with host Cromwell Smith aka 'Edju En Ka'. 

New Policies drafted - Smith 

"The Labour court basically sets out the framework, this is the law as far as labour is concerned in the BVI, but the process that the Tribunal has to go through, there has never been a published set of rules," he claimed. 

According to Mr Smith, as part of taking up the appointment, an agreement was made to 'put certain things in place' with details still to be ironed out, however, he said a draft policy has already been published. 

"We are trying to get in place, several steps to endure that we don't have people waiting for three, four, five years for a decision." 

According to Smith, in the past, he has has reason to take the Tribunal to court over its lengthy hearing of cases, specifically a civil dispute, given that the VI Constitution allows for a fair hearing, within a reasonable time he said. 

Cases to be dealt with expeditiously 

"In a matter that I was representing my client in, the tribunal was taking far too long, the court agreed with me and found in favour of my client that... a labour matter/dispute should be dealt with expeditiously, it should never take years to complete."

"Those days are over," Smith related with regards to the time it takes a hearing to complete. "That is a thing of the past," he said beginning September when the tribunal under his stewardship gets down to business. 

Smtih said under his leadership, cases will be heard in three months time with the new rules to expedite the process. 

"The Minister [Hon Vincent O. Wheatley (R9)] has made it clear, he wants non of those nonsense [lenghty hearings] anymore and I have said that by December, all those old matters, we are going to finish them."

9 Responses to “'Days over' for lengthy hearings @ Labour Tribunal- Jamal S. Smith”

  • Sal (19/08/2020, 12:27) Like (5) Dislike (2) Reply
    jamal please do a good job to help pwople and the law sysem in the country Thank you
  • great (19/08/2020, 12:36) Like (10) Dislike (0) Reply
    Sounds good....Remember to always be neutral...
  • Interested (19/08/2020, 12:43) Like (2) Dislike (0) Reply
    What is the contact information for this office whether email or physical address please? the Labour Department has done nothing to address my matter for 4 years.
  • Professionalism at its Best (19/08/2020, 13:10) Like (5) Dislike (0) Reply
    Mr. Smith, welcome to the chair. As of now we are taking your word hook line and sinker. Please do not allow this to be word of mouth and vain, empty promise. I know you are a lawyer and not a politician and expect you to act accordingly.

    Please too many people have been disenfranchised waiting forever to hand down a decision. Looking forward to a speedy Gonzalez process from here going forward.

    Please leave up to your promises. We are suffering and have suffered and do not expect to continue suffering.

    God bless you. We are all waiting in the lobby to cheer you on. Lets go forward. Thank you in advance.
  • Manabouttown (19/08/2020, 14:41) Like (1) Dislike (0) Reply
    "The Labour court basically sets out the framework, this is the law as far as labour is concerned in the BVI, but the process that the Tribunal has to go through, there has never been a published set of rules," he claimed. Those were extracted from the new and allegedly spoken by Mr. Smith.
    However any action taken by the board has no legal effect and is null and void. I am quite aware that Mr. Smith will do a good job. Notwithstanding that were are living in a society where people in authority fails to apply the law, but there opinions.
  • Lilly (19/08/2020, 17:43) Like (0) Dislike (0) Reply
    who was in this position before Mr Smith. Was it an Expat?
  • guy hill (19/08/2020, 20:14) Like (5) Dislike (0) Reply
    All those cases should be done and over with in 70 days max. A lot of dragging foot goes on around here. Once you reach a hearing in a Tribunal, all the evidence should be there. If not dismiss the case.
  • Mr.gage (19/08/2020, 22:09) Like (2) Dislike (0) Reply
    This is a major necessity I myself had a labour dispute case that took 5 years it just came to an end earlier this year it was very frustrating to say the least wish these rules were implemented way before, kudos to Hon. Wheatley and Mr. Smith.


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